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Delay scuppers anti-suit relief in support of FOSFA arbitration (ADM Asia-Pacific Trading v PT Budi Semesta Satria)

Delay scuppers anti-suit relief in support of FOSFA arbitration (ADM Asia-Pacific Trading v PT Budi Semesta Satria)
Published on: 21 June 2016
Published by: LexisPSL
  • Delay scuppers anti-suit relief in support of FOSFA arbitration (ADM Asia-Pacific Trading v PT Budi Semesta Satria)
  • Why does the decision matter?
  • What was the background to the application?
  • Key dates in the Indonesian litigation
  • Key dates in the FOSFA arbitration
  • The application to the English court for an ASI
  • What did the court decide?
  • The exercise of discretion
  • Court details

Article summary

Arbitration analysis: Mr Justice Phillips in the Commercial Court has refused to grant an anti-suit injunction (ASI) to restrain the defendant (BSS) from continuing proceedings in Indonesia against the claimant (ADM) in breach of a Federation of Oils, Seeds and Fats Associations Ltd (FOSFA) arbitration agreement between the parties. The court refused to grant the ASI as a matter of discretion on the grounds of delay. The decision is of interest to practitioners as a further affirmation by the English court of the need for applicants to act promptly when applying for this form of equitable relief. or take a trial to read the full analysis.

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